Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 758.410

Contracts for allocation of territories and customers; transfer of facilities

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      758.410 Contracts for allocation of territories and customers; transfer of facilities. (1) Any person providing a utility service may contract with any other person providing a similar utility service for the purpose of allocating territories and customers between the parties and designating which territories and customers are to be served by which of said contracting parties; and the territories and customers so allocated and designated may include all or any portion of the territories and customers which are being served by either or both of the parties at the time the contract is entered into, or which could be economically served by the then existing facilities of either party, or by reasonable and economic extensions thereto.

      (2) Any such contracting parties may also contract in writing for the sale, exchange, transfer, or lease of equipment or facilities located within territory which is the subject of the allocation agreed upon pursuant to subsection (1) of this section. Any sale, exchange, transfer or lease of equipment, plant or facilities made pursuant to this subsection by any person which is a “public utility” as defined in ORS 757.005 is also subject to the approval of the Public Utility Commission to the extent required by ORS chapter 757.

      (3) The commission may approve a contract entered into under this section that authorizes Coos County to construct a natural gas pipeline into allocated territory in Coos County and that contains terms for the allocation of industrial customers in Coos County between the county and the other party to the contract. The contract need not specify the territory in which industrial customers subject to the allocation are located. The commission may approve the provisions of a contract under this subsection that govern allocation of industrial customers only if the commission determines that the provisions promote the purposes specified in ORS 758.405. The commission shall actively supervise the implementation of any contract entered into pursuant to this subsection to ensure that the contract continues to promote the purposes specified in ORS 758.405. [Formerly 757.615; 2003 c.32 §1; 2023 c.53 §5]

Notes of Decisions
Cited in 4 cases, 1999–2005 · leading case: SPRINGFIELD UTILITY BD. v. Emerald PUD
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SPRINGFIELD UTILITY BD. v. Emerald PUD (2005) or “See ORS 758.410 to 758.430 (prescribing procedure and requirements for allocation of service territory by contract between utility providers); see also ORS 758.”
Northwest Natural Gas Co. v. Oregon Public Utility Commission (2004) orctapp · cites it 2× “ORS 758.410 and ORS 758.440 authorize the PUC to allocate the exclusive right to serve a particular territory to a public utility.”
Columbia River People's Utility District v. Portland General Electric Co. (1999) ord “ORS 758.410. In either case, an exclusive territory comes into existence only upon OPUC’s approval.”
Springfield Utility Board v. Emerald People's Utility District (2005) or “See ORS 758.410 to 758.430 (prescribing procedure and requirements for allocation of service territory by contract between utility providers); see also ORS 758.”
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